BicesterFestival.org is owned and operated by the Festival management team (‘we’), currently under the supervision of Cherwell District Council (CDC). The site is hosted and managed on our behalf by Eye Division Ltd.
The following are the rules or “Terms” that govern use of this website (“Site”). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. We reserve the right to change these Terms at any time, effective immediately upon posting them on the Site. Please check this page of the Site periodically. If you violate these Terms of use, we may terminate your use of the Site, bar you from future use of the Site may take appropriate legal action against you.
Permitted Use
You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review events and promotional information, for personal use, or to reserve tickets or merchandise for your personal use, unless otherwise specifically authorised by us to do so.
You also agree not to deep-link to the site for any purpose, unless specifically authorised by us to do so. The content and software on this Site is our property or the property of Artists participating in our activities and is protected by copyright laws. We may post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
Disclaimers
We do not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. We disclaim all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages.
We make no guarantee of any specific result from use of this site.
Trademarks
Festival logos as well as creative design found on this site are registered trademarks and may be used publicly only with the written permission of CDC.
Ownership of Materials
All materials on our website are copyrighted and are protected under treaty provisions and world-wide copyright laws. Our materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without our written permission. Except as expressly stated in the limited licence provision of these terms and conditions, we do not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
By participating in Festival activities you may submit graphic, image, audio or video content and textual content (collectively referred to as “User Submissions”). You understand that whether or not such User Submissions are published, BicesterFestival.org does not guarantee any confidentiality with respect to any User Submissions.
You retain all of your ownership rights in your User Submissions, but you are required to grant limited license rights to BicesterFestival.org and other Site users in order for us to include your work in our activities and in order to provide our services to you.
You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. BicesterFestival.org does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BicesterFestival.org expressly disclaims any and all liability in connection with User Submissions.
You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable BicesterFestival.org to use your User Submissions for the purposes of the provision of the Services by us, and otherwise to use your User Submissions in the manner contemplated by the Site and these Terms.
Content of your User Submissions
You agree that you will not post or upload any User Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for BicesterFestival.org to use or possess in connection with the provision of the Services.
You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner to post the material in question.
We reserve the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User’s access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.
You further understand and acknowledge that in using the Site and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BicesterFestival.org with respect to any such User Submissions.
Copyright Policy
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a user’s rights to use or access the Site prior to that time if we believe that the alleged infringement has occurred.
Links and Search Results
The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. We have no control over these sites or the content within them. We cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against us for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site.
Prohibited Content
The following is a partial list of the kind of Content which is illegal or prohibited on the Site. It includes Content that:
• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
• harasses or advocates harassment of another person;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• displays pornographic or sexually explicit material of any kind;
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Offline Conduct
Although we cannot monitor the conduct of its Users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our website without the prior express written permission of CDC.
Unauthorised Use of the Site
Illegal and/or unauthorised uses of the Site, including, but not limited to, unauthorised ticket sales, unauthorised framing of or linking to the Site, or unauthorised use of any robot, spider or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
Violation of the Terms
You understand and agree that in CDC’s sole discretion, and without prior notice, we may terminate your access to the Site or exercise any other remedy available and remove any unauthorised User Content, if we believes that the User Content you provided has violated or is inconsistent with these Terms of Use violated our rights, another User or the law. You agree that monetary damages may not provide a sufficient remedy to us for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. We may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. We are not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will we be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if we have been advised of the possibility of such damages.
Disputes
This site is controlled and operated by us from offices in the United Kingdom. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed and construed by English law. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this site, litigation must be brought in court in England without regard to its conflict of law provisions.
Indemnity
You agree to indemnify and hold us, our affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.
Ending your relationship with the Site
The Terms will continue to apply until terminated by either you or us as set out below.
If you want to terminate your legal agreement with the Site, you may do so by notifying info@bicesterfestival.org at any time.
We may at any time terminate our legal agreement with you if:
- You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- The provision of the Services to you is, in the Festival management team’s opinion, no longer commercially viable.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and the Festival management team and/or CDC have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions shall continue to apply to such rights, obligations and liabilities indefinitely.